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Child Marriage in Islamic Law: Difference between revisions
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==In the wider late antique millieu== | ==In the wider late antique millieu== | ||
Roman law, and, as early as the 8th century, Byzantine law both forbade marriage to girls below the age of puberty, which they fixed at twelve and thirteen years of age, respectively. The law was not entirely successful in eliminating such marriages. The penalty for seducing a girl below this age was that the man's nose was slit and she was given half his property. Jewish and Islamic law by contrast were far more permissive of men contracting and consumating marriage with pre-pubetal girls.<ref>Sean Anthony, "Muhammad and the Empires of Faith: The making of the Prophet of Islam", Oakland CA: University of California, 2020, p. 115</ref> | Roman law, and, as early as the 8th century, Byzantine law both forbade marriage to girls below the age of puberty, which they fixed at twelve and thirteen years of age, respectively. The law was not entirely successful in eliminating such marriages. The penalty for seducing a girl below this age was that the man's nose was slit and she was given half his property. Jewish and Islamic law by contrast were far more permissive of men contracting and consumating marriage with pre-pubetal girls.<ref>Sean Anthony, "Muhammad and the Empires of Faith: The making of the Prophet of Islam", Oakland CA: University of California, 2020, p. 115</ref> | ||
In the Sasanian period, middle Persian law provided that a girl might marry at the age of nine years and that consummation of the union need be delayed only until she reached the age of twelve years (there was one Persian jurist who allowed the marriage to be consummated at the age of nine if the girl was physically mature). If a girl refused all marriage offers by the age of fifteen she had committed a capital sin.<ref>CHILDREN iii. Legal Rights of Children in the Sasanian Period - [https://www.iranicaonline.org/articles/children-iii Encyclopedia Iranica online]</ref> | |||
{{Main|Child Marriage in the Muslim World}} | |||
==Child Marriage in the Muslim world today== | |||
{{Main|Child Marriage in the Muslim World}}Though the legal age has in many cases been raised, child marriage under the age of 18 and 15 is common in many Islamic countries, as well as in many predominantly Christian African countries, India, Latin America and the Caribbean.<ref>[https://data.unicef.org/topic/child-protection/child-marriage/ Child marriage data] - Unicef.org (accessed November 2022)</ref> A number of factors are associated with the practice, including poverty, family honor and religious and customary laws.<ref>[https://www.unicef.org/protection/child-marriage Child marriage] - Unicef.org (accessed November 2022)</ref> Child marriage is legal under Islamic law, and where the practice is prohibited by civil law, such marriages are sometimes carried out by independent Imams who allege to be loyal to the Sharia alone. In these countries, child marriages are especially common among rural populations where girls well below the age of puberty may be wed by their guardians to older men to various ends, including the preservation of the family and girls' 'honor'. | |||
This practice has even been observed among the Muslim populations of non-Muslim countries, such as the United Kingdom<ref name="Ten-fold rise in forced marriages in just four years2">[http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html Ten-fold rise in forced marriages in just four years] - The Daily Mail July 2, 2009</ref> and the United States.<ref>Christine Vendel - [http://www.kansascity.com/105/story/1557578.html?pageNum=2&mi_pluck_action=page_nav#Comments_Container Man charged with statutory rape in ‘marriage’ to 14-year-old girl] - The Kansas City Star, November 8, 2009</ref> | This practice has even been observed among the Muslim populations of non-Muslim countries, such as the United Kingdom<ref name="Ten-fold rise in forced marriages in just four years2">[http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html Ten-fold rise in forced marriages in just four years] - The Daily Mail July 2, 2009</ref> and the United States.<ref>Christine Vendel - [http://www.kansascity.com/105/story/1557578.html?pageNum=2&mi_pluck_action=page_nav#Comments_Container Man charged with statutory rape in ‘marriage’ to 14-year-old girl] - The Kansas City Star, November 8, 2009</ref> | ||